Taxi Driver Online

Generally, yes BUT how would he know this (or any) specific job already had drivers/escorts on it, a new (from scratch) job - like mine - wasn't even in existence prior to me winning it, the kiddy was a new starter

Tenders dont say if a job is new or already running

Then again, what percentage of the UK's HC/PH and escort workforce are PAYE?

_________________
Of all the things ive lost, i miss my mind the most

I'd have thought that information would have been provided to anyone as part of the tender process.

_________________

http://wingsoverscotland.com/ http://www.newsnetscotland.com/

The simple answer is LCC should clearly state it on the tender.

well im on 3 council frameworks, none state if its a current job on tenders, in a way they arent, they end in July (usually) and take an 8 week break

_________________
Of all the things ive lost, i miss my mind the most

If a winning contractor had 1 weeks notice of a start date and the previous driver was in a neighbouring LA TUPE could scream from the highest hill top but the driver COULDNT be employed by the new contractor when badges can take months, and thats without added problems like medicals, knowledge tests, DBS, DSA/Btec, etc...

_________________
Of all the things ive lost, i miss my mind the most

No expert but I'd say the council have left themselves liable for the hidden costs.

_________________

http://wingsoverscotland.com/ http://www.newsnetscotland.com/

Irrelevant. They would still need to be paid. Not their fault if the winning bidder didn't consider this.

_________________

http://wingsoverscotland.com/ http://www.newsnetscotland.com/

you may consider it irrelevant, but would you pay them if they couldnt do the job?

good man if you would!

_________________
Of all the things ive lost, i miss my mind the most

It's not optional. You can scream from the highest hill all you like.
These people have rights which won't just go away because you don't like it.

If you were aware when you tendered, more fool you. If not, unless caveat emptor applies, you'd be within your rights to tell the council to shove their contract where the sun don't shine. Or sue them for the hidden costs.

_________________

http://wingsoverscotland.com/ http://www.newsnetscotland.com/

doesnt worry me, id never pay anyway....never do...pmsl

_________________
Of all the things ive lost, i miss my mind the most

mind you, if i employ the wife PAYE now and dont tender for the job come july she will have a job for life......lol

well, till kiddy leaves school

or tender so high i KNOW i wont get it

_________________
Of all the things ive lost, i miss my mind the most

I am not concerned with the loss of the contract. I am concerned for the jobs of the staff. After my costs the contract was not worth a vast ammount to me.

_________________
Grandad,

Apparently the framework agreement does mention that in some cases TUPE may exist. However it was not mentioned on the tender. As soon as the tender came out I contacted the Council and said that there may be a TUPE issue. The Concil looked ito it and agreed that there was a TUPE issue. The winning tenderer was informed of this and was given the oportunity to recall his tender. He was advised of his obligations under TUPE and was given a copy of the employee contracts which clearly state what the remuneration package is. He still agreed to take on the contract. He then spoke to the employees and offered them different pay and conditions, well actually he told them that they would be self employed and at that stage he didn't know how much they would be paid. He still hasn't told them how much. Obviously he doesn't understand that the employees transfer automatically on the same terms and conditions and he clearly doesn't realise that by not offering the same terms and conditions it is likely to be construtive dismissal and could cost him a small fortune.
As things stand I am probably not in a position to continue with the contract now even if it was offered back to me.

_________________
Grandad,

If I was not aware of the TUPE issue when I won the tender I would considder if I had the right price on the job to take the job on and employ the staff. One thing is certain with the way that we do things it is highly likely that the staff would be employed on BETTER terms than they already had. If I had not got enough money on the tender I would refuse the contract.
Before offering the contract to the winning bidder you are asked if you are happy to accept the contract. You can say no.

_________________
Grandad,

so.....will you be laying staff off?.....

_________________
Of all the things ive lost, i miss my mind the most